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Joint Employment Issues: What Does the Future Hold for Employers?

The Department of Commerce reports that nearly 3 million people worked as “temporary help service workers” in 2015. Approximately 6 million more work for franchises and another 2.7 to 3.4 million work on an ongoing basis through professional employment organizations (PEO), which assume all of the payroll, benefits and human resources functions of their client entities and serve as the employer of record for those employees.
 
As these numbers have climbed over the years, several federal agencies, most notably the National Labor Relations Board, have steadily expanded the definition of “joint employer” to include, in many cases, franchisors and users of temporary and PEO services. This shift provides employees with a broader range of alternatives to seek redress for discrimination, harassment, wage-and-hour, and other labor law claims, as well as a higher likelihood of recovery against a “deep pocket.”
 
With a shift in priorities that the new White House administration is expected to bring, what should employers focus on in this area? Please click here to read “A Likely Shift On Joint Employment Policies Ahead,” an article published in Law360 by Gina Roccanova, Chair of Meyers Nave’s statewide Labor and Employment Practice Group.